1-16-24 Paperless Packet

CITY OF DOVER, DELAWARE PLANNING COMMISSION Tuesday, January 16, 2024 at 7:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Written comments are accepted via mail to City of Dover – Planning Commission, P.O. Box 475 Dover DE 19903 and via email at CompPlan@dover.de.us. IN-PERSON and VIRTUAL MEETING NOTICE The Planning Commission Meeting for January 16, 2024 will be held as an In-Person Meeting at City Hall in City Council Chambers. The public is welcome to attend in person. The Meeting will also be provided as a Virtual Meeting using WebEx, an audio/visual conferencing system as an electronic means of communication. See participation information below to join by phone or computer. PUBLIC PARTICIPATION INFORMATION City of Dover Planning Commission Meeting of January 16, 2024 Dial by Phone: 1-650-479-3208 Access code: 253 963 43960 (Password: 3683772) Join Online: https://bit.ly/PCMeeting1162024 Webinar Number: 2539 634 3960 Event password: DoverPC If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the meeting starts. For problems accessing the meeting, please call the Planning Office at (302) 736-7196. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Welcome to New Planning Commission Member ADOPTION OF AGENDA 1

PLANNING COMMISSION - January 16, 2024 PAGE 2 APPROVAL OF MINUTES 1. Adoption of Minutes of December 18, 2023 COMMUNICATIONS & REPORTS Meeting Reminder: The next Planning Commission regular meeting date is scheduled for Tuesday, February 20, 2024. Update on City Council Actions Department of Planning & Inspections Updates 2. Summary of 2023 Applications 3. Schedule of Deadlines and Meeting Dates for 2024 Education and Training Opportunities 4. The following courses are offered by the University of Delaware Institute for Public Administration. Contact the Planning Office for registration.  Planning 101: Planning Your Community's Future - Wednesday, January 17, 2024, 9:00AM to Noon at Kent County Levy Court, 555 S. Bay Road, Dover.  Introduction to Land-Use Law - Wednesday, February 7, 2024, 10:00AM to Noon via Zoom.  Intro to Land Use Administration - February 21, 2024, 9:00AM to Noon at Kent County Levy Court, 555 S. Bay Road, Dover. OPENING REMARKS CONCERNING MEETING PROCEDURES FOR APPLICATIONS OLD BUSINESS Request Extension of Planning Commission Approval: None NEW APPLICATIONS 5. Z-23-02 Lands of Draper Farm Properties, LLC at 1617 Forrest Avenue - Public Hearing and Review for Recommendation to City Council of a Rezoning application for a parcel of land consisting of 5.04 acres. The property is zoned R-10 (One Family Residence Zone) subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-1A (Limited Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The property is located on the north side of Forrest Avenue and adjacent to Cranberry Run Drive. The owner of record is Draper Farm Properties LLC. Property Address: 1617 Forrest Avenue. Tax Parcel: ED-05-075.00-01-07.00-000. Council District 1. Ordinance #2023-12 6. Z-24-01 Lands of City of Dover (Old Post Office) at 55 Loockerman Plaza - Public Hearing and Review for Recommendation to City Council of a Rezoning application for a parcel of land consisting of approximately 1.27 acres (Old Dover Post Office property). The property is zoned IO (Institutional and Office Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The proposed 2

PLANNING COMMISSION - January 16, 2024 PAGE 3 zoning is C-2 (Central Commercial Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The property is located on the north side of Loockerman Plaza and adjacent to Innovation Way. The owner of record is the City of Dover. Property Address: 55 Loockerman Plaza. Tax Parcel: ED-05-077.05-04- 53.00-000. Council District 4. Ordinance #2023-13 NEW BUSINESS 7. Nomination and Election of Vice-Chairman for Planning Commission ADJOURN Posted Agenda: January 5, 2024 THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 The Meeting of the City of Dover Planning Commission was held on Monday, December 18, 2023 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr. Cooper (virtual), Mr. Roach (virtual), Mrs. Denney, Mr. Baldwin, Mr. Reaves, Mrs. Welsh, and Mrs. Maucher. Dr. Jones was absent. One member seat is currently vacant following the resignation of Mr. Robert Hartman in November 2023. Staff members present were Mrs. Dawn Melson-Williams, Ms. Katherine Oehmke, Mr. Jason Lyon (virtual), and Mrs. Kristen Mullaney. APPROVAL OF AGENDA Mrs. Welsh moved to approve the Agenda as submitted, seconded by Mr. Baldwin and the motion was carried 7-0 with Dr. Jones absent. APPROVAL OF MEETING MINUTES OF NOVEMBER 20, 2023 Mrs. Denney moved to approve the Planning Commission Meeting Minutes of November 20, 2023, seconded by Mrs. Welsh and the motion was unanimously carried 7-0 with Dr. Jones absent. COMMUNICATIONS & REPORTS Mrs. Melson-Williams stated that the next Planning Commission regular meeting is scheduled for Tuesday, January 16, 2024, at 7:00PM in the City Hall Council Chambers. It is a Tuesday night meeting because Monday is a holiday and City Offices are closed. Mrs. Melson-Williams provided an update on the regular City Council and various Committee meetings held on December 11 & 12, 2023. Mrs. Melson-Williams stated we have several vacancies in the Department: the Director, a Planner II position, and a Code Enforcement position as well. We are getting ready to move into the holiday season and the City Offices are closed on Monday, December 25, 2023. Mrs. Melson-Williams stated that included in the packet was information on a series of courses that are offered by the University of Delaware’s Institute for Public Administration. There is one coming up this week which is “Advanced Land Use Law”. It is scheduled for Wednesday, December 20, 2023. It is a Zoom presentation. We do have a couple of Planning Commission members that have indicated to Staff that they would like to attend and we have completed that registration. If you are interested in that one or any of the ones that are listed for the January and February timeframes, please let Planning Staff know and they can complete that registration. One of them is in person and the other one is in Zoom as well. Special Recognition Resolution for the Service of Mr. Robert D. Hartman on the Planning Commission 1 4

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. Mrs. Melson-Williams read the resolution for the record. Resolution Whereas, Robert Dennis Hartman became a member of the City of Dover Planning Commission on August 12, 2019 and has served with diligence and distinction in this capacity as an advocate for sound land use planning in the public interest; and, Whereas, Robert Dennis Hartman has played a role in ensuring fundamental fairness and careful forethought in the planning and development of the Capital City through his service on the Planning Commission; and, Whereas, Robert Dennis Hartman served in the position of Vice-Chair of the Planning Commission since his election to the position on July 19, 2021 through the present; and, Whereas, Robert Dennis Hartman has influenced the pattern and appearance of development in Dover through his contributions to the creation of the City’s 2019 Comprehensive Plan and to ensure compliance with the Plan as adopted; his participation in the review and implementation of the 2021 Comprehensive Rezoning Project; his concerns for the public’s health, safety, and welfare when considering applications; and, Whereas, Robert Dennis Hartman completed his term of service on the City of Dover Planning Commission on November 20, 2023. Now Therefore Be It Resolved That, the City of Dover Planning Commission does hereby express its sincere appreciation to Robert Dennis Hartman for his faithful and diligent service to the Citizens of the City of Dover as an active member of the City of Dover Planning Commission and extends its very best wishes to Robert Dennis Hartman. Mr. Hartman stated that he thanks everybody here for serving on the Commission and he wants the Commission to continue doing a good job. He is sorry that he is abruptly leaving, but he is leaving you in good hands. Mrs. Maucher stated that on behalf of the Planning Commission, we want to express our appreciation for all of your hard work and all of the valuable insight that you brought to each and every application. OPENING REMARKS CONCERNING DEVELOPMENT APPLICATIONS Mrs. Melson-Williams presented the audience information on policies and procedures for the In- Person Meeting and Virtual Meeting using the WebEx system. OLD BUSINESS Requests for Extensions of Planning Commission Approval: C-21-08 Royal Farms at 1205 McKee Road - Request for One-year Extension of Planning Commission approval granted on December 20, 2021 for a Conditional Use Site Plan and 2 5

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. associated Minor Subdivision Plan Application for construction of a 5,154 SF Retail Store (Convenience Store) and associated fuel pumps. The Application includes associated site improvements and a 1,248 SF Accessory building to serve as a drive-through Car Wash. The property is currently zoned C-2A (Limited Central Commercial Zone) and is subject to COZ1 (Corridor Overlay Zone). The proposed Lot 1 is 2.545 +/ acres (110,854 SF) and is the location of the proposed development. The proposed Lot 2 is 0.870 +/- acres (37,897 SF) and is currently not subject to a design proposal. The Site overall currently consists of 3.415 +/- acres (148,751 SF) and is located at the northeast corner of the intersection of McKee Road and College Road. The owner of record is Two Farms Inc. Property Address: 1205 McKee Road. Tax Parcel Number: ED-05-067.00-02-51.00-000. Council District 4. Representative: Mr. James Taylor, Verdantas Mrs. Melson-Williams stated that this is a Conditional Use Site Plan Application for the Royal Farms at 1205 McKee Road. The Planning Commission initially granted approval back in December of 2021. We are at that two year mark and at this time, they have not fully finalized the Plan and are seeking a One-year Extension. They did submit a letter dated December 1, 2023 to explain their current status with this application. It has been a little complicated on the transportation aspects for the site given its location at the intersection of College Road and McKee Road. They are seeking a One-year Extension. The Zoning Ordinance does allow for the Planning Commission to grant a One-year Extension. During that time, they need to finalize their Conditional Use Site Plan, submit for a Building Permit, have that permit approved, and actually commence construction. Mr. Taylor stated that he is here on behalf of the applicant, Two Farms Inc requesting extension of the Conditional Use Site Plan that was before this group in 2021. As mentioned in the letter mentioned by Planning Staff, there have been a lot of discussions with DelDOT recently on the improvements specifically related to the intersection of College Road and McKee Road. There are some things that DelDOT has been discussing about needing to continue to improve. There are some discussions with some of the local legislators about some funding opportunities for some of the off-site improvements that they are required as part of this that really weren’t Royal Farms’ issue. There is currently an issue at the intersection as it is today where there is not a right turn lane. As part of the development, Royal Farms would be putting that right turn lane in for this project as well as for the greater good of the city. They have been working with DelDOT on some of those items. Most of the plans were pretty close to final approval and then they have been working with DelDOT to get this approved. Mrs. Denney asked if they were essentially waiting on DelDOT. Responding to Mrs. Denney, Mr. Taylor stated yes, at this point in time they have coordinated with the Planning Staff, Public Works, Water/Wastewater, Kent Conservation District and DelDOT to get all of the approvals after the meeting held in 2021. He would say for the last 6-7 months, it has just solely been focused on working with DelDOT to try and get to an agreement on what those road improvements are going to be. They want to see this project be able to continue to move forward, but there are some discussions with all of that that need to take place prior to that. Unfortunately, they weren’t able to get that done within the two-year timeframe. 3 6

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. Mrs. Denney stated that realistically, you are absolutely waiting on DelDOT and everything has to be at a standstill because the ball is in their court. Responding to Mrs. Denney, Mr. Taylor stated yes, the ball is in their court right now. There are some discussions that are taking place between the current owner of the property who would be selling to Two Farms Inc to develop as the Royal Farms with DelDOT. They did submit an application for what is called the TIF Funding which is the Transportation Infrastructure Funding at the suggestion of some of the people on that Council. After the submission of the TIF application, it was actually decided that this project would not qualify for that funding; and so therefore, there have been some additional discussions that have been taking place to what exactly are the improvements that need to happen for Royal Farms to be able to develop on the site. Realistically speaking, no matter what would go in this location, that right turn lane at the intersection is needed today. The question becomes, is this something that DelDOT should be providing or is it something that anyone that develops the site, whether it is Royal Farms or someone else would be able to do. But right now, that’s the piece that they are working on and once that is done, then they will be able to proceed forward with getting all of the last final approvals from the different agencies. Mr. Reaves stated that this letter talks about the “authorized construction”. Can you please explain to him what the “authorized construction” is? Responding to Mr. Reaves, Mr. Taylor asked him to clarify which paragraph that he was talking about. Mr. Reaves stated that there is comment in the third paragraph. Responding to Mr. Reaves, Mr. Taylor stated that as Mrs. Melson-Williams mentioned, in order to start construction at this time he believes that it’s within a week, the application from 2021 would be considered expired. They would have to come back through and do an update to the plan before the Development Advisory Committee and then come back before the Planning Commission. Requesting the Extension for one year to get all final approvals, obtain a Building Permit, and then also to start construction on the site which would be the “authorized construction” that is referenced in the letter. Mr. Reaves stated that he really wanted to know what that “authorized construction” was. Responding to Mr. Reaves, Mr. Taylor stated that it would be for the construction of the site for the Royal Farms. So, it would be a convenience store/gas station and as shown on this plan a Car Wash also. It would be all of the site construction that would be approved as part of the approval from the City of Dover. Mr. Reaves stated that basically what you are saying is that the construction potentially could move forward prior to the road being put in place for the right turn lane. Responding to Mr. Reaves, Mr. Taylor stated that is correct. Basically, what would happen from this point moving forward, they obtain the Extension request approval tonight, they would have one year from today to get that accomplished. What that would entail is continuing the discussions with DelDOT, getting all of the DelDOT plans approved, getting the plans approved by Kent Conservation District, and the final plans approved by the City of Dover. Once that is in place and they have all approvals in hand, the developer would be submitting a Building Permit to be able to start building construction and also construction onsite. With that, a DelDOT Entrance Permit would be released to allow them to access the site. You can’t access a site for construction without an Entrance Permit. Once they got the approved Entrance Plans, they would then turn in for what is called the Entrance Permit and they would issue a permit. Then the 4 7

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. construction of that right turn lane would occur at some point during the construction of the project. It does not have to be done right at the beginning, but it would have to be done prior to a Certificate of Occupancy being issued for that building. Mrs. Denney stated that for clarification, nothing will happen unless DelDOT approves. Responding to Mrs. Denney, Mr. Taylor stated yes. Mrs. Denney further stated that’s if the legislature comes up with the money. Responding to Mrs. Denney, Mr. Taylor stated that it is deciding that the project would move forward whether that is legislature or DelDOT. It is being able to get final approval on all plans. At this point in time, it is just being held for ongoing discussions with DelDOT. Mrs. Denney stated that there are a lot of concerns from the people living there with regards to traffic. They had a lot of discussion at one point about accidents at College Road. So as you are talking, all of a sudden she is thinking, all of this has to be done and put in place before there is any construction. Because at the moment and until that building, the whole design doesn’t exist. But her interpretation was that, before they dealt with the appropriate lanes and until you get to ingress and egress, that that doesn’t have to happen until after the building is there, or is that not true? Responding to Mrs. Denney, Mr. Taylor stated yes and no. The building cannot be utilized or receive a Certificate of Occupancy from the City until DelDOT signs off on the construction that has taken place. So, right now they are just going through design which is getting the approval for what they are proposing. After construction starts, then it turns into are you constructing what is shown on the plans. The City of Dover won’t be able to say that Royal Farms can operate this site until after DelDOT issues their approval on the construction. As far as the timing, whether they are getting onsite and starting that first or they do the turn lane first or anything like that, that sequencing will be worked out during construction. He doesn’t have an exact pinpoint of when it’s going to happen, but if the Royal Farms can’t open because they don’t do the right turn lane, there is no traffic being generated to that site by the Royal Farms. That right turn lane gets put in and a CO gets issued, now that traffic is coming to the Royal Farms which is what that right turn lane is being used for. Mrs. Denney stated that essentially whether the building is there or not, there will be no operation and no need for that ingress and egress until a DelDOT approval happens to put that lane in. Again, they had so many people from that community come here to be certain that their safety is being respected here. Responding to Mrs. Denney, Mr. Taylor stated yes, that is something that they have been dealing with since day one with DelDOT. You look at the Traffic Study that they performed and that right turn lane should be there today. They are not objecting to that right turn lane. The question is that it needs to be there today whether there is a Royal Farms there or not; that right turn lane should be there. Those are the discussions that they are continuously having with DelDOT. Mrs. Maucher stated that they are at an impass and the question is who is paying for it. Responding to Mrs. Maucher, Mr. Taylor stated yes, that is part of it. Unfortunately on intersections like this all across the State, when you have these infill developments that are occurring, whoever is last in is the one who has to pay for everything. That is unfortunate in some situations because you go back and look and there was probably a right turn lane that was 5 8

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. needed there many years ago. That is a safety improvement that should be there today. Mrs. Denney stated that she has been doing this for many years and her feelings are that as in this case, it should be there and should have been there a long time ago. But the bottom line is that the last person in being Royal Farms in this case, they have to bite the bullet. While she is empathetic to a certain extent, the bottom line is it’s their building and they should be the one to have to pay for it. Again, obviously there is a lot of controversy because that is really a very serious issue with public safety. Mr. Reaves stated that with regards to construction, if you are constructing this building or doing any type of construction in the area that is going to severely debilitate the traffic on that road even with the construction vehicles going in and out. Can you please explain how you plan to alleviate that construction issue? Responding to Mr. Reaves, Mr. Taylor stated that your construction vehicles entering and leaving a site typically are nowhere near the number of vehicles that would be coming to the site once the site is operational. Right now, there would be a stabilized construction entrance dedicated to a specific location along McKee Road or College Road for construction traffic to enter. There would be signs that get posted that say “construction vehicles entering/exiting the roadway ahead.” That is kind of how those items are mitigated, it is making sure that there are dedicated places for construction vehicles to enter and exit. That is all an approval both through DelDOT and Kent Conservation District. Mrs. Welsh moved to approve C-21-08 Royal Farms at 1205 McKee Road for a One-year Extension, seconded by Mrs. Denney and the motion was carried 6-1 by voice vote with Dr. Jones absent. Mr. Reaves voting no; he has a concern with the travel lane during construction and without having a plan or understanding specifically of what’s going to take place during that construction and how the vehicles with ingress and egress at that location. If they come out the same way that they came in, that is going to seriously debilitate traffic. NEW APPLICATIONS S-23-22 Walker Road Apartments at Guinn property – Public Hearing and Review of a Site Development Application for the construction of two (2) three story, garden style apartment buildings consisting of twenty four (24) units each for a total of 48 units. Also proposed are a clubhouse, parking lot improvements, and three (3) outdoor recreation areas. The property is zoned RM-2 (Medium Density Residence Zone). The subject site consists of one parcel totaling 6.83 acres +/- located on the north side of Walker Road and west of Independence Boulevard. The owner of record is the Arthur Guinn Estate, and the equitable owner is Tyrone Pierre. Property Address: unaddressed parcel on Walker Road. Tax Parcel: ED-05-067.18-01-71.00- 000. Council District 4. For Consideration: Active Recreation Area Plan. Representative: Mr. Greg Scott, Scott Engineering; Mr. Tyrone Pierre, equitable owner Ms. Oehmke stated that the Walker Road Apartments at Guinn property are two, three-story garden style apartments consisting of twenty-four (24) units each for a total of 48 units. Also proposed are a clubhouse, a parking lot improvement and three (3) outdoor recreation areas. The property is zoned RM-2 (Medium Density Residence Zone). The subject site consists of one parcel with 6.83 acres located on the north side of Walker Road and west of Independence 6 9

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. Boulevard. The Active Recreation Area Plan was heard by the Committee and has a recommendation for approval. Based on the recommendations of that Committee, they have made some changes to the Site Plan which has been provided to you on your desks and via email. These changes include sidewalk connections and moving the Active Recreation to at least thirty (30) feet from the adjacent residential parcel. Shown on the screen, you can see the site. The dot that you see in the middle of the map is the entrance that will be between both buildings. The next slide shows the Google street view of what that location looks like and the next slide shows the Site Plan as presented as of today. Mr. Scott stated that they feel it is a very appropriate use of the property and will lend itself well to this area of the City of Dover. They are in receipt of and have reviewed all of the comments from the DAC Meeting. They have no reason to believe that they can’t address those properly and complete the Site Plan accordingly to get approvals. Mr. Reaves stated that there was a recommendation for the sidewalk to be extended to the dumpster enclosure. Is that something that you have considered on this Revised Plan? Responding to Mr. Reaves, Mr. Scott stated that he did not put that on the Revised Plan. What he was trying to do with the Revised Plan was just to address the comments that came from the Parks and Recreation Committee, but they have no problem extending that to the dumpster. They have a lot of other comments that they have to take care of and that will be one of them. Mrs. Maucher asked if they could briefly describe the changes from the Parks and Recreation Committee. Responding to Mrs. Maucher, Mr. Scott stated that the changes that they made were to move each of the recreation areas like the basketball court, volleyball court, and the open area that could have a mixed use. They moved them away from the western property line so that it was thirty (30) feet away as required. They put some sidewalk connections to those recreation spaces. Mr. Reaves asked if there is a name for the apartment complex. Responding to Mr. Reaves, Mr. Scott stated that they have not determined one yet, but they will have a name for it. It will have to be approved by the City as well as 911 and the postal service. Mr. Reaves stated that it was a request because the Commission has to verify with approvals so that there is no duplication of addresses. Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the public hearing. Mr. Reaves asked if regarding the confirmation of Building 2, is this the same measurements as Building 1? There was a question regarding that between the parking and the building. Responding to Mr. Reaves, Mr. Scott stated that they are identical buildings so they will be the same size and the distance between the parking and the buildings will be the same. Mr. Reaves stated that he believes that they were looking for that to be updated in the Revised Map Plan that you have. Another question with regard to the fire hydrants, are those notated on the map here? Responding to Mr. Reaves, Mr. Scott stated that the requests that they make get implemented into the Site Plan moving forward. They still have design work to do, but they will comply with the requirements as far as the fire hydrant locations and the quantity of fire 7 10

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. hydrants. Mr. Reaves stated that with regard to the emergency access to the rear of the building areas to be in compliance with the Dover City Fire Code, he believes that for the four-story buildings, it is a twenty-four (24) foot fire lane and for three-story buildings it is an eighteen (18) foot fire lane. Responding to Mr. Reaves, Mr. Scott stated that they will work with the Fire Department on the type of surface that they want there. In many cases like this where they are trying to leave grass and open areas, they can do subsurface pavers that will allow and carry the weight of the fire trucks that connect between the two parking areas. However, if they prefer to have a fully paved one, they will make one that is eighteen (18) foot wide to meet the requirement. Either case, it will be eighteen (18) foot wide minimum anyway. It will be either paved or pavers that allow the trucks to transfer between those parking areas. Mr. Reaves stated that in regards to your map and your revision, do you have a normal practice of including revision numbers on your maps as you update them as you go along? Responding to Mr. Reaves, Mr. Scott stated yes. Mr. Reaves stated that he would request that the maps that they receive show the revisions of the updates as we move along through the process. Mr. Reaves moved to approve S-23-22 Walker Road Apartments at Guinn property seconded by Mrs. Welsh and the motion was carried 7-0 by roll call vote with Dr Jones absent. Mr. Reaves voting yes; for the reasons stated above in the responses provided by the engineering company. Mr. Cooper voting yes. Mr. Roach voting yes; he thinks that it is a welcomed addition to the City and it is needed. Mrs. Denney voting yes; she thinks that this is appropriate for where it is being established and she thinks that these are perfect apartments and the right amount of space. It is rare that they get applications like this that have just one tiny little necessary waiver and she thinks that it’s what’s needed and once it’s established it will be a nice place for families. Mr. Baldwin voting yes; with the growth in Dover, housing is needed. Mrs. Welsh voting yes; for reasons previously stated. Mrs. Maucher voting yes; based on the DAC comments and the applicant’s willingness to work with the Planning Office in updating their maps. She also thinks that it’s a good infill project for the City and it is much needed. SB-23-03 Revised Stonebrook East Planned Neighborhood Design at McKee Road and W. Denneys Road - Public Hearing and Review of a Revised Subdivision Plan to increase the number of townhouses from 87 to 103 townhouses (increase of 16 townhouse units) and to decrease the number of garden apartment units from 168 to 138 garden apartment units (decrease of 30 units). This development known as Stonebrook East Planned Neighborhood Design (PND) proposes 241 dwelling units, recreational areas, open space, and stormwater management areas. The property is zoned RM-1 (Medium Density Residential Zone) and approved as a PND (Planned Neighborhood Design Option). The site is on the northeast corner of McKee Road and W. Denneys Road. Property Address: intersection of McKee Road and West Denneys Road. Property Owners: Hanae Harmony Properties and Stonebrook East 168 LLC. Tax Parcels: ED- 05-057.03-01-01.00-000 to ED-05-057.03-01-92.00-000. Council District 1. PND - Alternative Design Standards Requests: Townhouse Units – To permit a minimum lot width of 20 feet and reduction of minimum lot area. Garden Apartments - To permit four (4) stories, a 48-foot building height, and an average thirty five (35) dwelling units per building. 8 11

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. Planning Commission granted conditional approval of a Conditional Use Application C-07-01 for the Conceptual Plan for Stonebrook East Planned Neighborhood Design Development on February 20, 2007. Planning Commission also granted conditional approval for the Preliminary Subdivision Plan SB-07-07 for Stonebrook East PND on November 19, 2007 and Final Record Plan approval was given on September 28, 2010. A previous plan for revision of SB-21-05 Stonebrook East PND was never finalized. Representative: Mr. James Taylor, Verdantas Mrs. Melson-Williams stated that this application is a Revised Subdivision Plan, specifically Stonebrook East Planned Neighborhood Design. This project involves a parcel in total of just over 45 acres. The image on the screen shows in the solid blue, the balance of the entire property area. This project actually was initiated a number of years ago with a Conditional Use Plan for a Planned Neighborhood Design. That was application C-07-01 and then there was the follow-up Subdivision Plan for SB-07-07. That is where some of the lots were actually platted initially for the townhouse area and the street network with an overall larger tract being held for the apartment area of the project and the Clubhouse. The balance of the tract to the north and the east that runs toward the Fork Branch is encumbered by floodplain areas and wetland areas and was just held as an open space area in line with the requirements for a PND that had a minimum open space area requirement. In 2021, this project appeared before the Planning Commission because they hoped to make some changes. Unfortunately, they didn’t move forward with those changes; so, they are back before us with a Revised Subdivision Plan seeking to make those changes. The two unit types do stay the same. It is a series of townhouse units and then also garden apartment buildings. As noted by the Chair, for the townhouse units they are looking to increase the number of townhouse units. They are looking to actually reduce the lot width of the townhouses down to twenty (20) feet and then add, really in a central location to the plan here on the screen, a series of townhouse units there. For the garden apartments, in that area of the project they are actually reducing the number of units from 168 to 138. That is a decrease of thirty (30) units. The plan now shows a layout of four apartment buildings. They are including surface parking areas and then with this plan also proposing a series of garage buildings for the apartment residents. The project is noted as a Planned Neighborhood Design and with that, there are a specialized list of bulk standards and also an opportunity for the developer to propose Alternative Design Standards. Included in our Report (initially on pages 3 and 4), they outlined the Code requirements, what has been approved over time, and what they are seeking with the application before us this evening. They did receive a clarifying letter and that is provided to the Commissioners on their desks and via email today. Just to double check the series of bulk standards that they were seeking to request because there was some conflicting information in the plan document itself. If you go to the handout, the ones that they are specifically requesting are now highlighted. They have gotten some clarification to that. For the townhouses, they are seeking to make changes to the minimum lot area. They are looking to decrease the minimum lot width from what was previously allowed at twenty-two (22) feet for the townhouse units down to twenty (20) feet. The other change on the townhouses is a change to the building setback from the street which acts very similar to a front yard setback. They are looking to take that to twenty (20) feet. When it comes to the apartments, their requests focus in a couple of areas. First, regarding the building height they are looking to increase the maximum limitation to forty-eight (48) feet and four stories and also looking at the average number of dwelling units per building 9 12

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. to use a rate of thirty-five (35) units. Then they want to clarify the item for the apartment buildings that the off-street parking rate for them would be 1.5 spaces per unit. In making any kind of motion this evening, you’ll want to make sure to reference the series of Bulk Standards by reference to this Table for clarifying what those are for the site. Additionally, a number of years ago there were waivers approved that focused on a couple of other things for the project site. One of them was related to sidewalks. There was a waiver for the sidewalks granted for the combined placement and alternative materials of them for the street that is at the boundary of the project site. Also, there was a reduction in the street radius as well to accommodate the street design. Overall, the project has not made any change to their Active Recreation that was already planned for the site. With that, there is a Clubhouse that is proposed, a hard court surface for basketball, a swimming pool, what is shown as a “tot lot” with some type of play structure, and another portion of the previous open space is being designated for a Community Garden. The southern area also includes another lawn area or open green space towards the southern portion of the site that includes a gazebo along its walking trail. The project is meeting the rear emergency access requirements. They will be working with the Fire Marshal’s Office to make some adjustments to the location of Building D. It is a little bit too far of a distance at the moment to meet that fire lane coverage, but they think that it’s an easy fix during the review of the ultimate plan. The project does have tree planting requirements. They will be planting a number of street trees and trees in open space areas on the overall project and continuing to avoid development in the floodplain and wetland areas that are to the north and east of the development area. The Development Advisory Committee Report outlines a number of fixes to the plan themselves but nothing that she feels is insurmountable. In regards to the Alternative Design Standards to both the townhouse units and the garden apartments, Planning Staff is in support of those based on what we see in other areas of the City related to lot width. The increase in height with garden apartments allows density on a smaller footprint. They have included their notation about planning for parking for a project such as this. The other regulatory agencies have provided their initial review comments. They will, as the project moves forward, be receiving submissions for compliance with their regulatory requirements and ultimately getting to a final approval of the Revised Subdivision Plan and its associated construction documents. Mr. Taylor stated that as Mrs. Melson-Williams mentioned, there is a very long history to this site and project. The developer is very eager to be able to move forward and get this project underway. As mentioned, the project was approved in 2007. It came back before this Commission in 2021 two times because after they came through and got approval, there was a change to the lot layouts. Ryan Homes is who is looking to develop the townhome lots and they have a specific product that they are looking at for those lots. The plan that is before you this evening is almost identical to that besides some of the small changes that Mrs. Melson-Williams mentioned in the introduction. They have received the DAC Comments and will be working with all of the members of DAC to properly address these comments as we go through the approval process. Mr. Baldwin stated that in protection of the wetlands, have the overall footprints of the buildings changed any. Responding to Mr. Baldwin, Mr. Taylor stated that the overall footprint has changed since the 2007 approval. He believes that there were either five or six apartments that were a part of that original approval. What they have done is consolidated that into four which is part of the reason why they are requesting the Alternative Design Standards for the height of 10 13

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. those buildings as well as the maximum units per buildings to allow for that. As far as disturbance area related to the wetlands, we are not disturbing any more land than what was previously proposed and actually while Mrs. Melson-Williams was going through her initial part about the rear access for Apartment Building D, he was actually looking at that they may actually be able to pull some of that further away from the protected land even more. They are required to provide a riparian buffer area on those wetlands where they aren’t allowed to disturb and they need to protect those. As someone that is conscious about the environment, that is something that they want to make sure that they are doing. They don’t want to be going in there and disturbing the wetlands or tearing down trees that are associated with those wetlands because that is the natural habitat. Mr. Baldwin stated that he is hearing that they are reducing the footprint a little. Responding to Mr. Baldwin, Mr. Taylor stated yes, of the disturbance. Mr. Reaves asked if the one way for the development is it actually taking place. Responding to Mr. Reaves, Mr. Taylor stated that typically with rear loaded lots as shown on here, each of the townhouses kind of back up to each other. Those are typically one ways for the alleys because they are not wide enough to have two-way traffic. They are designed to have one way in and one way out to keep the flow of motion. In this case, you would be looking at coming in on the north side and working your way south. As you get to your townhouse, you park and then when you go to leave you would head south. It would be the same heading east and west on the other portion. The alleys would still be one-way. They still have to work that out with Public Works to make sure that it meets their approval. Mr. Reaves stated that the comment regarding the sprinkler system says that the proposed buildings have sprinklers. Are the townhouses going to have sprinklers also? Can you explain where those sprinklers are going to be? Responding to Mr. Reaves, Mr. Taylor stated that the townhouses are not required to have sprinklers currently. The apartments will have sprinklers because of their density. Mrs. Maucher questioned that in regard to the wetlands, is there a barrier so that the residents can’t go back in there? Responding to Mrs. Maucher, Mr. Taylor stated that there is not. All of the wetlands are mostly to the north and the east which is where the apartments are and that is all one lot which would be owned by the development company. They are not allowed to go outside of the limit of disturbance area proposed by the plan. It’s not like it would be a private owner going in there who owns a townhouse so that they wouldn’t go back there and clear out area to get more land to use. The townhouses are further away from the wetlands themselves. Mrs. Maucher stated that she saw that there were some discussions regarding the City wanting to purchase some land for a water tower. Responding to Mrs. Maucher, Mr. Taylor stated yes, they have been working with Mr. Jason Lyon on that and where that is actually proposed is shown on the screen as the green blob. They did get the information from Public Works and Water/Wastewater regarding where that was looking to be placed and they are working with them on that. Mrs. Maucher asked if it was on this property or adjacent to it. Responding to Mrs. Maucher, Mr. 11 14

CITY OF DOVER PLANNING COMMISSION DECEMBER 18, 2023 Item 1. Taylor stated that it is on the property. It is not on the property with the townhomes or with the apartments, but it is on the overall property that currently exists under this ownership. There is also a house that is up against the road. It is not on that property; it is actually on this development. Mrs. Maucher opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Mrs. Welsh moved to approve SB-23-03 Revised Stonebrook East Planned Neighborhood Design at McKee Road and W. Denneys Road inclusive of the waivers in regards to the Alternative Design Standards, inclusive of all DAC comments and that they also include the Bulk Standards specified in this proposal, seconded by Mr. Baldwin. Mrs. Melson-Williams stated that for Staff clarification and for ease of reference, the bulk standards for those Alternative Design Standards are found in the Addendum document that made amends to pages 3 and 4 of the DAC Report. The motion was carried 7-0 by roll call vote with Dr. Jones absent. Mrs. Welsh voting yes; it seems like it’s been a long time coming to fruition. It is a great design and she thinks it will be a good use of the property. Mr. Reaves voting yes; for reasons stated previously. Mr. Cooper voting yes; for reasons stated. Mr. Roach voting yes; for reasons previously stated. Mrs. Denney voting yes; she thinks this is a great application for this particular property. Mr. Baldwin voting yes; housing is needed. Mrs. Maucher voting yes; based on reasons stated and she agrees that it is much needed housing. NEW BUSINESS Meeting adjourned at 8:19 PM. Sincerely, Kristen Mullaney Secretary 12 15

Item 2. City of Dover, Delaware Summary of Applications 2022 2023 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 Application Type 2019 2021 Q1 Q2 Q3 Q4 Total Q1 Q2 Q3 Q4 Total Board of Adjustment 38 20 15 15 13 15 17 14 15 16 17 12 9 5 4 0 0 0 0 0 1 0 3 0 4 Annexations 4 3 1 0 0 1 3 0 1 3 0 2 1 3 4 1 0 0 2 3 1 0 0 0 1 Conditional Use 7 14 8 5 7 6 11 6 4 5 6 5 8 5 8 2 0 0 1 3 1 1 0 1 3 Site Plans 66 43 29 33 23 20 21 24 16 24 33 12 25 14 14 5 5 1 5 16 8 4 5 5 22 Subdivisions 7 2 7 5 2 2 6 5 2 0 2 4 1 2 5 2 1 1 1 5 1 0 1 1 3 Rezoning 10 11 5 8 6 2 3 4 4 7 5 3 6 3 7 1 0 1 1 3 0 1 0 1 2 Miscellaneous 23 20 15 20 17 24 22 14 14 18 8 13 8 8 11 4 0 0 1 5 2 0 1 1 4 Unified Sign 1 3 1 0 2 2 3 1 2 4 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Historic District 7 4 4 11 5 7 5 6 8 6 4 3 4 2 6 2 3 1 1 7 1 1 1 2 5 Commission TOTAL 163 120 85 97 75 79 91 74 66 83 77 54 62 42 59 17 9 4 12 42 15 7 11 11 44 *Summary of Applications through year end (December 31, 2023) including the December 2023 Meetings of the Planning Commission, Board of Adjustment and Historic District Commission and Administrative Plan Reviews. 16

Item 3. City of Dover, Delaware APPLICATIONS TO PLANNING COMMISSION FOR CONDITIONAL USES, SITE PLANS, SUBDIVISION, & REZONING Schedule of APPLICATION DEADLINES, DEVELOPMENT ADVISORY COMMITTEE Meeting dates, PLANNING COMMISSION Meeting dates, and CITY COUNCIL PUBLIC HEARING dates for 2024 filing deadlines. A Pre-Application Meeting must be conducted with Planning Staff prior to filing of an Application. The submittal procedures are outlined in Zoning Ordinance, Article 10 Sections 1, 2, 3, 4 and 5. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Application 1/5/24 2/2/24 3/1/24 4/5/24 5/3/24 6/7/24 7/5/24 8/2/24 9/6/24 10/4/24 11/1/24 12/6/24 Deadline Rezoning by 4:00pm 11/22/24 CITY COUNCIL 1/22/24 2/26/24 3/25/24 4/22/24 5/13/24 6/24/24 7/22/24 8/26/24 9/23/24 10/28/24 11/25/24 12/9/24 Rezoning Ordinance First Reading D.A.C. 1/31/24 2/28/24 3/27/24 5/1/24 5/29/24 6/26/24 7/31/24 8/28/24 10/2/24 10/30/24 11/27/24 1/2/25 MEETING (STAFF ONLY) D.A.C. 2/7/24 3/6/24 4/3/24 5/8/24 6/5/24 7/3/24 8/7/24 9/4/24 10/9/24 11/6/24 12/4/24 1/8/25 MEETING (APPLICANT) PLANNING 2/20/24 3/18/24 4/15/24 5/20/24 6/17/24 7/15/24 8/19/24 9/16/24 10/21/24 11/18/24 12/16/24 1/21/25 COMMISSION Public Hearings, Rezoning Recommendation CITY COUNCIL 3/11/24 4/8/24 5/13/24 6/10/24 7/8/24 8/12/24 9/9/24 10/14/24 11/25/24 12/9/24 1/13/25 2/10/25 Action on Rezonings: Consideration of PC Recommendation and Public Hearing/Final Reading – Rezoning Ordinance ***Planning Staff will advise applicant as to the Committee Meetings schedule if applicable to the Application submission. FINAL 1.1.2024 For Information Contact: City of Dover Department of Planning & Inspections, City Hall, 15 Loockerman Plaza P.O. Box 475, Dover DE 19903 (302)736-7196 Phone (302)736-4217 Fax www.cityofdover.com compplan@dover.de.us 17

The Institute for Public Administration presents Item 4. Planning 101: Planning Your Community’s Future COURSE INSTRUCTOR COURSE INSTRUCTOR David Edgell, AICP Edward O’Donnell, AICP Director Senior Fellow, IPA Office of State Planning Coordination University of Delaware COURSE INSTRUCTOR Max Walton, Esq. Partner Connolly Gallagher, LLP JANUARY 17, 2024 Planning 101 provides valuable information for all elected officials who consider and act upon comprehensive plans, land use and zoning matters, 9:00 a.m. to NOON . Check-in begins at 8:30 a.m. and other growth issues. Planning and zoning commissioners, board of adjustment members, and those who take part in community planning and land-development matters will enjoy this course. Kent County Levy Court Room 220 Course topics will include: 555 S Bay Rd, Dover, DE 19901 • Delaware planning and zoning statutory requirements $55 Registration Fee • The elements of a comprehensive plan Includes refreshments • The basics of land use control • The role of the planning & zoning commissioner REGISTER ONLINE This session qualifies for credit toward the Certificate www.bidenschool.udel.edu/ in Local Government Leadership and the Certificate ipa/events/upcoming for Planning Education. Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 18

Item 4. The Institute for Public Administration presents Introduction to Land-Use Law COURSE INSTRUCTOR COURSE INSTRUCTOR Max Walton, Esq. Edward O’Donnell, AICP Partner Senior Fellow, IPA Connolly Gallagher, LLP University of Delaware FEBRUARY 7, 2024 This course focuses on Land Use Law in Delaware. It begins a review of the basic principles governing land-use law. Topics include police power, delegation 10:00 a.m. to NOON of authority, nuisances, due process, equal protection, just compensation, vagueness, and vested rights. Participants will then learn about Delaware court VIA ZOOM MEETING decisions affecting local land use. Registration in advance is required. Course topics will include: After registering, you will receive a confirmation email with information • Basic terms and concepts about joining the webinar. • A summary of tools • Zoning, subdivision, and site-plan review $20 Registration Fee • Other approaches to land-use control This session qualifies for credit toward the Certificate REGISTER ONLINE in Local Government Leadership and the Certificate www.bidenschool.udel.edu/ for Planning Education. ipa/events/upcoming Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 19

Item 4. The Institute for Public Administration presents Introduction to Land Use Administration COURSE INSTRUCTOR COURSE INSTRUCTOR Ann Marie Townshend, AICP Savannah Edwards, AICP Senior Project Manager Planner Rossi Group Rossi Group Feb. 21, 2024 Introduction to Land Use Administration focuses on the principal strategy for implementing comprehensive plans. 9:00 a.m. to NOON Check-in begins at 8:30 a.m. Course topics include: • Zoning, subdivision, and land-use codes and how they are linked to comprehensive plans Kent County Levy Court • Typical contents of land-use, zoning, and 555 S Bay Rd, Dover, DE 19901 subdivision codes • Procedures and issues governing changes to $55 Registration Fee the zoning map Includes refreshments • Issues involved in the day-to-day administration of land-use codes Register Online This session qualifies for credit toward the www.bidenschool.udel.edu/ Certificate in Local Government and the Certificate for Planning Education. ipa/events/upcoming Contact Sean O’Neill (oneill@udel.edu) with questions about this event. 20

Item 5. PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council on December 11, 2023 Development Advisory Committee Review –Applicant DAC Meeting of January 3, 2024 Public Hearing Before Planning Commission on January 16, 2024 Application: Lands of Draper Farm Properties, LLC at 1617 Forest Avenue: Rezoning to C-1A and COZ-1 Zone Owner: Draper Farm Properties, LLC Address: 1617 Forrest Avenue, Dover DE Location: North side of Forrest Avenue, east of Cranberry Run Drive Tax Parcel: ED-05-075.00-01-07.00-000 Size: 5.04 acres+/- Present Use: Vacant (Previous residence demolished and with associated agricultural outbuildings and land in cultivation) 2019 Comprehensive Plan Designation – Land Use Category: Mixed Use Present Zoning: R-10 (One-Family Residence Zone) and COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-1A (Limited Commercial Zone) and COZ-1 (Corridor Overlay Zone) Reason for Request: To amend the zoning of the 5.04+/- acre parcel at 1617 Forrest Avenue, Dover DE 19904 from R-10 to C-1A (while retaining COZ-1 Overlay). File Number: Z-23-02 Ordinance Number: 2023-12 21

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 2 I. APPLICATION SUMMARY This Rezoning Application Z-23-02 is for a parcel of land consisting of 5.04 acres. The property is zoned R-10 (One Family Residence Zone) subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-1A (Limited Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The property is located on the north side of Forrest Avenue and adjacent to Cranberry Run Drive. The owner of record is Draper Farm Properties LLC. Property Address: 1617 Forrest Avenue. Tax Parcel: ED-05-075.00-01-07.00-000. Council District 1. Ordinance #2023-12 The First Reading was completed by the City Council on December 11, 2023 referring the Application to the Planning Commission for Public Hearing, Review, and Recommendation. Existing Property: The property consisted of 5.04 acres is located at the northeast corner of Forrest Avenue and Cranberry Run Drive. The property has frontage of over 750 feet along Forrest Avenue/Route 8 and frontage of over 300 feet on Cranberry Run Drive. The property has a farmstead location (previous dwelling now demolished) and a series of accessory structures that appeared to have served as agricultural buildings. A majority of the property has been in agricultural cultivation. Both street frontages have existing sidewalks and existing curb cuts for the former dwelling location (from Forrest Avenue) and to the field/accessory structures (from Cranberry Run Drive). This application only seeks rezoning of the property from R-10 to C-1A; the COZ-1 (Corridor Overlay Zone) zoning designation will remain. The applicant is seeking rezoning to allow for future mixed-use development of the property. Any redevelopment of the site will be subject to a separate application submission for plans or permits. See attached Applicant’s submission Letter of October 31, 2023. Previous Applications: This property was subject to a Request during the review process for the adoption of the 2019 Comprehensive Plan. As Request for Changes to DRAFT 2019 Comprehensive Plan - Request #1, the property owner requested a change in the Land Use Classification (on Land Development Plan Map 12-1) from the proposed Residential Medium Density Land Use Classification to Mixed Use or Commercial Land Use Classification. On December 16, 2019, the Planning Commission recommended (by a vote of 5-2) a Land Use Classification of Mixed Use. Then, the Land Use Classification Category of Mixed Use for this property was approved by the City Council on January 13, 2020 as part of the review and adoption of the 2019 Comprehensive Plan document and maps. The Land Use Classification of the property is Mixed Use. In 2021, a Rezoning Application (Z-21-05) was considered for this 5.04 acre property at 1617 Forrest Avenue. The Application Z-21-05 sought to rezone the property from R-10 (One Family Residence Zone) subject to the COZ-1 (Corridor Overlay Zone) to the C-2A (Limited Central Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone). The Planning Commission on June 21, 2021 recommended denial of the Rezoning request to C-2A with COZ-1 for property by a vote of 8-0 (one member absent) following a Public Hearing where thirteen (13) members of the public spoke and over twenty-one (21) written comment items were received. Then following a rescheduled Public Hearing (originally set for July 12, 2021) and consideration on August 9, 2021, the City Council’s motion to adopt the Rezoning Ordinance #2021-14 failed (vote of 1-8). 22

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 3 Thus, the Rezoning Application Z-21-05 for 1617 Forrest Avenue to C-2A and COZ-1 was unsuccessful, and the property remained zoned as R-10 and subject to the COZ-1 zone.1 Surrounding Land Uses The surrounding parcels are zoned residential. The properties immediately adjacent on the north and to the west of the property are zoned R-10 (One Family Residence Zone). This is a residential subdivision of single family detached dwellings known as Cranberry Run. Adjacent to the east are properties zoned RM-1 (Residential Medium Density Zone) as another residential subdivision of Heatherfield consisting of single family detached dwellings and duplexes along Stoney Drive. There are more residential developments along Forrest Avenue as you move east until reaching the extensive commercial corridor which starts about Mifflin Road and continues east. Across Forrest Avenue/Route 8 to the south of the subject site are a series of nine (9) parcels with eight (8) single family detached dwellings located under Kent County’s jurisdiction. Also, to the south (and surrounding these residences) is the campus of the Dover High School. Access to the Dover High School, is via Dover High Drive with its signalized intersection with Forrest Avenue (0.36 miles west of the subject site) and at the campus entrance with HAWK Signal at the intersection of Heatherfield Way and Forrest Avenue. II. COMPRENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this property be used for Mixed Use. Regarding Mixed Use Areas and the Land Use Classification of Mixed Use, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-7. The goals and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goals: Mixed Land Use The overall goals for Mixed Use areas are: 1. Encourage creation of neighborhood centers. 2. Within the close-knit neighborhood fabric there are opportunities for the creation of urban centers. These centers should be established along major roadways and feature mixed use development, pedestrian-friendly public environments and opportunities for connection to future transit. 3. In order to encourage non-automobile access to the center, the activities should be clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw upon residents from a number of surrounding neighborhoods. 4. Develop strategies that will encourage the creation of well-defined public street spaces and pedestrian-friendly village areas that encourage walking and bicycle use. This may include on-street and behind building parking, and the creation of build-to lines for new development. 1 It is noted that on August 27, 2021 Case # 2021-0740-JRS Draper Farm Properties, LLC v. City of Dover was filed with the Court of Chancery. 23

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 4 5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle, and transit networks to parks and natural areas. 6. Encourage the Mixed Use of residential and commercial uses in the Downtown area. The Comprehensive Plan notes that Mixed Use Areas “can be an area where a new development should foster walkability and close interactions among activities and uses in a traditional neighborhood setting.” Chapter 9 – Transportation Plan from the Comprehensive Plan identifies Forrest Avenue/Route 8 as a Minor Arterial Street and the need to focus efforts on improvements along the Route 8 corridor “that would improve safety, better manage access, reduce congestions, and provide improved traffic flow.” The development and implementation of strategies for addressing East/West Traffic in the City is Recommendation 7 from that Chapter. The Rezoning Request to C-1A (Limited Commercial Zone) is consistent with the Land Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019 Comprehensive Plan) specifies that the following zones are compatible with this land use classification. See the excerpt from Table 12-1 given below. It is noted that Table 12-1 for the Mixed Use Land Use Category identifies a number of zoning districts that allow for a mix of commercial and residential uses with some zoning districts being more limiting in the specific types of uses permitted. C-2 (Central Commercial) (Downtown Redevelopment Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Redevelopment Target Area Only) Mixed-Use R-8 (One Family Residence) R-10 (One Family Residence) RG-1 (General Residence) RG-2 (General Residence) RG-4 (General Resident - Multi-Story Apartments) C-3 (Service Commercial) CPO (Commercial and Professional Office) IO (Institutional and Office) III. ZONING REVIEW Request for C-1A (Limited Commercial Zone) Zoning The types of permitted uses and conditional uses in the C-1A zone are given Article 3 §12 of the Zoning Ordinance. See the following code excerpt. Article 3 Section 12. – Limited Commercial Zone (C-1A). 12.1 Uses permitted. In a limited commercial zone (C-1A), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail stores. (b) Personal service establishments. (c) Service establishments. (d) Restaurants. 24

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 5 (e) Business, professional, and governmental offices. (f) One family residences, including attached and semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence) zone. (g) Apartments and multi-family dwellings. 12.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1: (a) Drive-throughs accessory to a permitted use. 12.3 Uses prohibited. The following uses are prohibited: (a) Fuel pumps and motor vehicle storage, sales, or repairs. 12.4 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city plan ner. 12.5 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 12.6 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. (Ord. of 6-25-1984; Ord. of 3-24-1986; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. No. 2014-08, 7-14-2014 ) COZ-1 (Corridor Overlay Zone) The provisions of the COZ-1 (Corridor Overlay Zone) are established to “promote superior urban corridor development and the highest quality-built environment.” There are a series architectural, parking, and landscaping guidelines that would be required by the COZ-1 zoning district, if development of the property is proposed. The purpose and requirements of the COZ-1 (Corridor Overlay Zone) are given in Article 3 §27 of the Zoning Ordinance. See the following code excerpt. Article 3 Section 27. – Corridor Overlay Zone 1 (COZ-1) 27.1 Purpose. The corridor overlay zone (COZ) is established for the following reasons: (a) To promote superior urban corridor development and the highest quality built environment; (b) To foster coordination and linkage among corridor properties and with adjacent lands; (c) To preserve the functionality and efficiency of the roadway for traffic movement; and (d) To achieve a visually balanced streetscape environment which is friendly to the pedestrian and motorist alike. 27.2 Superior urban design. For the purposes of this ordinance the term "superior urban design" shall meet the following criteria: 25

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 6 (a) Superior urban design places a strict and primary importance on the pedestrian. The concept should lend itself to interconnectivity while presenting building structures as aspects of the street, not simply islands existing in the "sea of roads". The design should encourage fewer car-trips, as well as promote automobile trips on an interconnected local street system rather than trips that utilize the arterials. In demonstrating superior urban design, an applicant must show that the plan presented exceeds the requirements of the zoning ordinance in at least two of the following areas: (i) Transportation amenities for bicycles, pedestrians and transit that exceed those required by the zoning ordinance; (ii) Architectural features including, but not limited to: LEED-certified buildings; unique architecture not replicated in other locations; use of architectural elements such as entry porticos, porte-cocheres, colonnades, cornices, porch columns and balusters, band courses, coins, water tables and other trim that enhances visual quality and function of the structure; and use of the highest-quality construction materials. (iii) Landscaping that exceeds the requirements of this section, including robust use of trees, shrubbery, and flowering plants to screen parked cars; water gardens and ponds; arboretums; tree preservation measures; (iv) Public spaces and art including, but not limited to, sculpture, memorials, murals, public court yards and pocket parks, and fountains; (v) Green technologies for stormwater management, as well as green energy technologies such as geothermal heating and cooling and solar energy supplies. (b) The city planner shall develop policy guidance on how the concept of superior urban design will be evaluated. 27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways as outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this ordinance: (a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a westerly direction to the city limit line. (b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys Road (County Road 100) in a southerly direction to the terminal intersection with West North Street (County Road 73). 27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance related to the specific zoning district designations of each property as depicted on the zoning map. 27.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change in use. When the zoning district regulations specify that a particular use requires conditional use approval in accordance with article 10, section 1, the provisions of that article shall apply. Site development plans and conditional use site plans for properties within the COZ shall reflect compliance with the development guidelines of this article, in addition to all other applicable codes and regulations. 27.6 Development guidelines. 27.61 Setbacks: a. Front yards. 26

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 7 Residential Nonresidential Min. Max. Min. Max. McKee/Saulsbury 60' to 80' 40' to 50' * Route 8—Artis Drive to Mifflin Road 60' to 80' None Route 8—Mifflin Road to Saulsbury 40' to 60' 40' to 60' * Road Route 8—Saulsbury Road to R.R. line 20' to 30' 20' to 30' Subdivision streets (Setback provisions of article 4 shall apply) * When the applicant can demonstrate to the satisfaction of the planning commission through the site plan review process that the proposal involves a superior urban design, the maximum setback may be increased to no more than 90 feet from the property line on Route 8 from Mifflin Road to Saulsbury Road and on McKee and Saulsbury Roads. 27.62 Building placement. Buildings shall be situated on the property so as to maximize the use of the frontage along the roadway and shall have the longest side of the building arranged parallel and square to the roadway. When the applicant can demonstrate to the satisfaction of the planning commission that, due to specific constraints related to lot configuration, alternative building placements may be permitted. 27.63 Parking. (a) Location. Parking shall not be permitted to be situated within the front yard, nor between the right-of-way line and the building, except in the following instances: (i) Automobile service stations; (ii) Properties in a shopping center (SC) zoning district, in which case, parking may be permitted between the building and the roadway, provided that such parking [shall] be limited to five rows of single parking spaces between the road and the storefront; (iii) When the applicant can demonstrate to the satisfaction of the planning commission through the site plan review process that the design presented involves a superior urban design, parking may be permitted between the building and the street, provided that such parking within this area shall be adequately landscaped and screened from the roadway. (b) Required number of spaces. See specific district requirements in article 4. (c) Layout. (i) Parking lots shall be arranged in such a manner so that not more than 20 parking spaces in a row shall be permitted without a landscaped island. No more than six rows of 20 spaces shall be provided without provision for a landscaped median. Parking islands shall be a minimum of ten feet wide and planting medians shall be no less than eight feet wide. (ii) There shall be a landscaped buffer area of at least 12 feet in width between the building and parking lot and drive areas. The buffer area shall include provisions for a sidewalk of at least six feet and no greater than eight feet in width. The buffer area and sidewalk shall be grade separated from the parking lot by concrete curbing of at least six inches in height. (d) Landscaping. Design shall be simple and easy to maintain and shall consist of a combination of hardy canopy trees, low evergreen shrubs and turf grass, and shall be designed in accordance with landscape guidelines set forth in article 5, section 15 of this ordinance and as follows: 27

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 8 (i) Interior landscaping. A minimum of five percent of the interior area of a parking lot shall be reserved for landscape purposes. This provision shall include the landscaping of all required parking islands and medians. Shade trees shall be incorporated within the landscaped islands whenever and wherever practicable. (ii) Parking lot screening adjacent to public right-of-way. Low profile screening shall be required when parking spaces would result in vehicles facing onto the roadway. Screening may consist of a low wall, evergreen hedge with a minimum height of two feet at the time of planting, planted three feet apart on center, and a maximum height of three feet at maturity, or earth berm. Should a low wall be used, such wall shall be accompanied by evergreen shrub plantings on the roadway side of the wall and spaced ten feet apart on center. (iii) Reserved. 27.64 Site access. (a) Entrance width and radii. Site entrances shall have a minimum width of 24 feet. Entrances involving a median divider shall be at least 35 feet in width. Entrance radii shall be a minimum of 15 feet and a maximum of 25 feet. (b) Number of entrances and curb cut spacing. One curb cut shall be permitted for each street which abuts a site. For sites with street frontage in excess of 300 linear feet, one additional curb cut may be permitted. For sites with street frontage in excess of 600 linear feet, two additional curb cuts may be permitted. Multiple curb cuts on a property shall have a minimum spacing distance in accordance with the following schedule: Speed Limit Maximum Spacing (Ft.) 25 105 30 125 35 150 40 185 45 230 50 275 (c) [Shared access.] Shared access shall be provided, whenever possible, for entrances to adjoining uses, including residential driveways. (d) [Cross access.] Cross access shall be provided among abutting uses of similar use categories, whenever possible, to provide linkage between properties as an alternative to re-entering the corridor to access both existing and future neighboring properties. (e) Entrance locations for adjoining properties. Commercial site entrances shall be no closer than 25 feet to an adjoining property which is zoned residential and no closer than ten feet to an adjoining property which is in a nonresidential zoning category. 27.65 [Signs.] Signs shall meet the regulations found in article 5, section 4, supplementary sign regulations. 27.66 Building height. (a) Buildings shall be limited in overall height to 35 feet and shall not exceed two stories. 28

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 9 27.67 Open space and landscaping. (a) Lot coverage. Each lot shall have a minimum of 25 percent of the lot area dedicated to be landscaped open space. A lesser amount of landscaped open space may be permitted when it can be demonstrated to the satisfaction of the planning commission, through the site plan review process, that, due to lot configuration and existing built conditions, the required minimum is impractical. (b) Frontage. Each lot shall have a landscaped open space of at least 25 feet in width, measured from the back of curb along the entire frontage of the lot, except at points of site access. Trees shall be provided along the frontage perimeter at a minimum rate of one tree for each 50 linear feet of frontage. (c) Side and rear yards. A minimum of 15 feet of landscaped open space shall be provided along all side and rear lot lines when abutting a residential use and a minimum of five feet when abutting a nonresidential use. Tree plantings shall be provided along all nonfrontage perimeters at a minimum rate of one tree for each 75 linear feet. (d) Stormwater detention ponds. Detention ponds may be counted toward the minimum 25 percent open space area, provided that such ponds are designed to emulate natural features by incorporating irregular outline, gradual slopes (no greater than 1:4), and appropriate landscape plantings. (e) Landscaping. Landscaped open spaces shall be designed in accordance with the provisions of this section, as well as the landscaping guidelines as set forth in article 5, section 9 of this ordinance. (f) Screening. The following items shall be located so as to minimize visibility from the roadway, adjacent properties and other public areas, and shall be screened from public view: (1) Service bays; (2) Loading docks and platforms; (3) Rooftop utilities; (4) Satellite dishes; (5) Dumpsters; (6) Storage areas. (g) Standard for tree plantings. Trees shall be of a high canopy variety and shall be limbed to a minimum height of 12 feet above grade at maturity. (h) Standards for shrubbery. Shrubbery shall be of a low evergreen variety and shall be limited to use as foundation plantings and for screening purposes. (i) Standards for ground cover. Ground cover shall be limited to turf and ornamental grasses and ornamental evergreen ground cover plantings within required landscape areas. 27.68 Lot configuration. All lots within the corridor overlay district created after the enactment of this section shall conform to the following: (a) Minimum lot area [shall be] 10,000 square feet. Service stations [shall have a minimum lot area of] 20,000 square feet. (b) Minimum lot depth shall be 100 feet. In the C-3 (service commercial) district, the minimum lot depth shall be 150 feet. (c) Minimum road frontage shall be at least 100 feet. In the C-3 (service commercial) district, the minimum road frontage shall be 150 feet. 29

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 10 27.69 Architectural review. The side of any building which faces the corridor (or corridors) shall be referred to as the "corridor elevation." Buildings in the COZ-1 shall be designed to front on the corridor, and the corridor elevation shall contain architectural elements traditionally associated with the front of a building. Blank walls without functioning windows are prohibited along the corridor. Windows must be incorporated into the overall design concept of the corridor elevation. Providing one or several small windows on a large corridor elevation shall not constitute compliance with this ordinance. A "functioning window" shall be defined as a window which lets light into the interior of the structure, and is integrated and related to the interior layout of the space. In addition to functioning windows, the corridor elevation shall have the following elements: (a) A primary entrance door or doors (except for loading doors). (b) A primary entrance feature, such as a porch, portico, awning, entrance walk, or other similar feature. In addition, the corridor elevation shall have one of the following elements: (a) Landscaping integrated into the building design concept. (b) Architectural or urban design elements which link adjacent structures together, such as plazas, walkways, colonnades, or similar features. (c) Architectural relief, such as vertical and horizontal offsets in exterior wall elevations, band courses, lintels and sill courses, cornices, and the like, to create shadow lines. The applicant shall submit 12 copies of the corridor elevation at the time of application. The city planner or his/her designee shall determine whether compliance with the provisions of this ordinance has been achieved. 27.7 Properties located on a corner lot with two frontages within the Corridor Overlay Zone. When a property is located on the corner of two corridors within the Corridor Overlay Zone, only one of the two corridors shall be subject to the requirements of Section 27.61 Setbacks and Section 27.63 Parking, Subsection (a) Location. The frontage of the property on which the identifiable front of the building is located shall be the frontage that is subject to the requirements of Section 27.61 And Section 27.63, Subsection (a). In designing the site, in order to qualify for the relief under this subsection, the applicant must demonstrate to the satisfaction of the planning commission that the design incorporates the principles of superior urban design as defined in Section 27.2. IV. PLANNING COMMISSION REVIEW FOR RECOMMENDATION This Rezoning Application is a request for a zoning map amendment which changes the zoning district of a property. The Planning Commission as part of their public hearing and review process will provide a recommendation on the rezoning request to City Council. As part of the process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the following factors when considering the request: Article 10 § 5.36 Report of the planning commission. Regarding each application for a zoning map amendment, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and 30

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 11 (C) Whether the proposed change is in accordance with the city's current comprehensive plan. A Recommendation Report from the Planning Commission will be forwarded to the City Council for their consideration of the Rezoning Application. V. RECOMMENDATION OF THE PLANNING STAFF: This Request is to rezone lands from R-10 (One Family Residence Zone) to C-1A (Limited Commercial Zone). The property would remain subject to the COZ-1 (Corridor Overlay Zone). The permitted uses allowed in the current zoning district of R-10 focus on residential uses as one-family detached residences and also provides the ability for consideration of conditional uses for places of worship, schools, and certain other institutional types uses. The proposed Rezoning to C-1A zone is a zoning district offering a mix of uses. For the C-1A zone, the range of permitted uses that are commercial uses include retail, personal service establishments, service establishments, restaurants, and offices. The C-1A zone also includes permitted uses that are residential in nature including one-family residences (detached dwellings, attached (townhouse) units, and semi-detached (duplex) units); apartments; and multi-family dwellings (more than 2 dwelling units in same building). The C-1A zone also includes conditional uses (uses subject to specific review for approval) for drive-throughs accessory to a permitted use. The C-1A specifically prohibits fuel pumps and motor vehicle storage, sales, or repairs. Staff recommends that the rezoning for C-1A (Limited Commercial Zone) while retaining the COZ-1 (Corridor Overlay Zone) be granted as requested, as the proposed zoning is consistent with the 2019 Comprehensive Plan (as amended) for the Mixed Use Land Use Classification Category. The C-1A zoning district is a mixed use district allowing for development of both commercial land uses and residential land uses. Staff also recommends that the property remain subject to the COZ-1 (Corridor Overlay Zone) due to its frontage on Forrest Avenue. The purposes of the COZ-1 are to promote superior urban corridor development; to foster coordination and linkage among corridor properties; to preserve functionality and efficiency of the roadway for traffic movement; and to achieve a visually balanced streetscape environment friendly to the pedestrian and motorist. (Zoning Ordinance, Article 3 §27). The COZ-1 includes a number of additional buffers/setbacks, landscaping enhancements, and site layout design requirements which will be required as part of any proposed development activities on the parcel. This area of Forrest Avenue is part of a corridor gateway leading into the City of Dover. This location is along a key west-east corridor in the transportation system. The area is a transition from the rural areas west of Dover as the corridor becomes residential and then a more heavily commercial area as it moves towards the central core of the City. Within the City limits to the west/southwest of this subject site there is the Dover High School campus, several places of assembly (churches), and an existing apartment complex and other apartment developments proposed. Planning Staff does note the residential character and density of housing units within the area surrounding this subject property and the existence of a sidewalk network for walkability that would allow for residents to reach this location (by walking) should small scale commercial uses be proposed for development to provides services. In addition, other transportation improvements may also be required based on the traffic generation of any proposed development. 31

Item 5. Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue: Rezoning to C-1A and COZ-1 DAC Report of January 3, 2024 Page 12 This Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the C-1A zoning district. Staff again notes that any potential development for the site would have to be in line with the zoning district classifications and would similarly have to follow all development design guidelines of the Zoning Ordinance and other City and State regulations. Were the application for Rezoning to be recommended by the Planning Commission and subsequently approved by the City Council, the applicant would still have to submit Site Development Plans for review for most uses of the site to be established. Any development of the property once zoned C-1A with the COZ-1 would be subject to the bulk standards and provisions and the review processes for site development. Staff notes that the C- 1A includes a series of bulk standards related to lot width, setbacks, a two story building height, and a Floor Area Ratio (FAR) of 1.5 (ratio of building floor area to lot area). Also, the COZ-1 zone includes design standards for development related to setbacks, height, buffers, landscaping, etc. Any non-conformity of the existing buildings’ uses and placement regarding the bulk standards of the C-1A and COZ-1 would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses. This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration. VI. ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that approval of any Rezoning Application does not represent Site Development Plan or Subdivision Plan approval. Following any decision made by City Council in regard to this Rezoning, then an application for a Site Plan, Subdivision Plan, and/or appropriate Building Permits must be submitted to the Planning Department prior to the establishment of a use, development activity, or any construction activity on the site. The applicant should contact the Planning Staff to determine the appropriate review process for any proposed projects. 2) The property is subject to the requirements of the COZ-1 (Corridor Overlay Zone) related to development. 3) The applicant shall be aware that approval of any Rezoning Application does not represent a Building Permit, Sign Permit, or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 4) The applicant shall be aware that any future use of the existing structures may be subject to a separate permitting or licensing process through the City of Dover Licensing and Permitting Division. All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses. Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. 32

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 27, 2023 APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Avenue FILE #: Z-23-02 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT EMAIL #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. Our office has no objections to the proposed rezoning of tax parcel ED-05-075.00-01-07.00-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works Construction. Impact fees may be applied to this property. Future development shall comply with all aspects of the City of Dover’s Cross Connection Control Program. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 33

Item 5. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DEC 27, 2023 APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Ave FILE #: Z-23-02 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC Our office has no objection to the rezoning of: ED-05-075.00-01-07.00-000, Council District 1. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and meters will be assessed at that time. 2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook. https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 34

C F Z-23-02 Item 5. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 12/27/23 D S O H V A E L R APPLICATION: Lands of Draper Farm Properties at 1617 Forrest Ave FILE #: Z-23-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 josika@dover.de.us THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is for a rezoning application. This office has no objections. 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. 35

Item 5. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. N/A APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2021 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 36

Item 5. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of Draper Farm Properties FILE#: Z-23-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Michael Vandevander PHONE#: 302-760-2141 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The developer will need a pre-submittal meeting to discuss the development with DelDOT. 2. No access will be given off Forest Avenue. 37

Item 5. CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: 1/3/2024 Organization APPLICATION: Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue FILE # Z-23-02 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Malcolm Jacob PHONE #: (302) 387-6030 Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission Zoning Review Z-23-02 Lands of Draper Farm Properties at 1617 Forrest Avenue 1) The MPO does not have any objections to the proposed rezoning. Further comments will be submitted if site development takes place at a later date. 2) Last year the MPO completed a study on the topic of pedestrian safety around Dover High School. The recommended improvements included building out the network of sidewalks and crosswalks on Forrest Avenue. It should also be noted that Cranberry Run is located within the walk zone of Dover High School. While the frontage of this property already contains sidewalks, there is no safe means of crossing Forrest Avenue from this location, which means a pedestrian must use the crosswalks further to the east or west. This connectivity gap should be examined by DelDOT, the City of Dover, and other officials in the future. Please see the following link for the complete study: https://doverkentmpo.delaware.gov/files/2023/07/Dover-High-School-Walk- Zone-Sidewalk-Gaps-Final-7.2023.pdf If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 38

City of Dover Application No.: Z-23-02 Item 5. Department of Planning & Inspections R-8 ir Som e rse tC R-10 ROS Che ROS lsea T uc k Way et Cir R-10 Matthew Ct R-8 RM-1 R-8 R-10 Stoney Dr Falm R-10 ou th W a y Dr Cranberry Ru R-10 n R-10 Heatherfield Way A Yarmouth Way R-8 R- R-10 20 Forrest Ave IO Dr igh rH D ove RM-1 Mar ROS g a te C ir Tile: Lands of Draper Farm Properties, LLC Ordinance #: 2023-12 Address: 1617 Forrest Ave Legend Parcel IDs: ED-05-075.00-01-07.00-000 Dover Boundary Existing Zoning: R-10 (One Family Residence Zone) COZ-1 (Corridor Overlay Zone) Subject Property Proposed Zoning: C-1A (Limited Commercial Zone) Zoning COZ-1 (Corridor Overlay Zone) Owner: Draper Farm Properties LLC Dover Parcels Date: 12/05/2023 « Corridor Overlay Zone 0 200 400 800 Feet 39

Item 5. 40

Item 5. 41

Item 5. SITE DATA ZONING - R - 10 1. OWNER OF RECORD: DRAPER FARM PROPERTIES, LLC ONE FAMILY RESIDENCE ZONE 23 ZION ROAD SMYRNA, DE 19977 2. ENGINEER: BECKER MORGAN GROUP INC. 309 SOUTH GOVERNORS AVENUE ZONING - R - 10 DOVER, DE 19904 ONE FAMILY RESIDENCE ZONE (302) 743 - 7950 3. PROPERTY MAP NUMBER: 2-05-07500-01-0700-00001 ZONING - R - 10 ONE FAMILY 4. ZONING CLASSIFICATION: EXISTING: R-10 - ONE FAMILY RESIDENCE ZONE RESIDENCE ZONE PROPOSED: C-1A - LIMITED COMMERCIAL ZONE 5. DEED SUMMARY: 9233 - 0253 & 7548 - 0312 6. PRESENT USE: VACANT RESIDENTIAL HOME 7. PROPOSED USE: MIXED USE 8. TOTAL SITE AREA: 5.00 ACRES ± 9. SOURCE OF WATER: CITY OF DOVER ZONING - RG - 2 GENERAL RESIDENCE SOURCE OF SEWER: ZONING - CITY OF DOVER RECREATIO ROS N & OPEN SPACE ZONING - R - 10 ONE FAMILY ZONING - R - 10 RESIDENCE ZONE ONE FAMILY RESIDENCE ZONE ZONING - R - 10 CRANBERRY RUN DRIVE ONE FAMILY RESIDENCE ZONE SITE LANDS N/F DRAPER FARM PROPERTIES, LLC. T.P. 2-05-07500-01-0700-00001 ZONING - R - 10 - ONE FAMILY RESIDENCE ZONE ZONING - A 5.00 ACRES ± AGRICULTURAL ZONING - R - 10 ONE FAMILY ZONING - R-M1 ZONING - R - 20 ZONING - R - 20 RESIDENCE ZONE ONE FAMILY RESIDENTIAL MEDIUM DENSITY ZONING - R-M1 ONE FAMILY RESIDENTIAL RESIDNECE MEDIUM DENSITY ZONING - R - 8 ZONING - R - 8 RESIDNECE ONE FAMILY RESIDENTIAL ONE FAMILY RESIDENTIAL FORREST AVENUE ZONING - IO ZONING - RS1 INSTATUTIONAL SINGLE FAMILY RESIDENTIAL ZONING - R - 10 ZONING - RS1 OFFICE SINGLE FAMILY RESIDENTIAL ONE FAMILY RESIDENCE ZONE LAYER STATE: 11x17 FORREST AVENUE ARCH I T E C TURE ENG I NE E R I NG BMG: 2021070.00 1" = 150' 0 75 150 SCALE: REZONING EXHIBIT Dover, DE DATE: 11/03/2023 309 S. Governors Ave. DRAWN BY: A.C.F. Dover, DE 19904 Do Not Explode - Select Scale CITY OF DOVER Ph. 302.734.7950 SCALE: 1" = 150' KENT COUNTY, DELAWARE Fax 302.734.7965 1 42 F:\AutoCAD\Projects\2021\2021070\DWG\2021070-AERIAL.dwg, Dec 05, 2023 - 3:21pm 2023-12-05

Item 6. PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council on December 11, 2023 Development Advisory Committee Review – Applicant DAC Meeting of January 3, 2024 Public Hearing Before Planning Commission on January 16, 2024 Application: Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza Owner: City of Dover Address: 55 Loockerman Plaza, Dover DE Location: North side of Loockerman Plaza and adjacent to Innovation Way Tax Parcel: ED-05-077.05-04-53.00-000 Size: 1.27 +/- acres Present Uses: Vacant Office Building (previous Dover Post Office) and a Parking Lot 2019 Comprehensive Plan Designation –Land Use Category: Mixed Use Present Zoning: IO (Institutional and Office Zone SWPOZ (Source Water Protection Overlay Zone) H (Historic District Zone) Proposed Zoning: C-2 (Central Commercial Zone) SWPOZ (Source Water Protection Overlay Zone) H (Historic District Zone) Reason for Request: To amend zoning to support revitalization/redevelopment to allow mixed use involving residential apartments, retail/office, and occupant amenities. File Number: Z-24-01 Ordinance Number: 2023-13 43

Item 6. Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza DAC Report of January 3, 2024 Page 2 I. APPLICATION SUMMARY This Rezoning Application Z-24-01 is for a parcel of land consisting of approximately 1.27 acres (Old Dover Post Office property). The property is zoned IO (Institutional and Office Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The proposed zoning is C-2 (Central Commercial Zone), subject to the SWPOZ (Source Water Protection Overlay Zone), and subject to the H (Historic District Zone). The property is located on the north side of Loockerman Plaza and adjacent to Innovation Way. The owner of record is the City of Dover. Property Address: 55 Loockerman Plaza. Tax Parcel: ED-05- 077.05-04-53.00-000. Council District 4. Ordinance #2023-13 The First Reading was completed by the City Council on December 11, 2023 referring the Application to the Planning Commission for Public Hearing, Review, and Recommendation. Existing Property: This City of Dover owned property consists of 1.27 acres at the northwest corner of Loockerman Plaza and Innovation Way/ Legislative Avenue. It is the location of an existing partial two-story brick building with rear loading dock area and parking lot area. With a Greek Revival style façade, the building was originally constructed to serve as the Dover Post Office in the mid-1960s. It served as the Post Office until the relocation of the retail and carrier operations to a new facility constructed circa 2021. The new Dover Post Office (for the USPS - United States Postal Service) is now located at 445 Bank Lane. In the last year, the City Manager’s Office at the direction of City Council has taken steps to dispose of (sell) this property on Loockerman Plaza for redevelopment by a new owner. This area is part of the local Historic District zone. This application only seeks rezoning of the property from IO to C-2; the SWPOZ (Source Water Protection Overlay Zone) and H (Historic District Zone) zoning designations will remain. The applicant is seeking rezoning to allow for future mixed-use development of the property. Any redevelopment of the site will be subject to a separate application submission for plans or permits. Surrounding Land Uses: The surrounding parcels in the immediate area are zoned IO (Institutional and Office Zone) and are within the H (Historic District Zone). The property immediately to the west is City owned property including the Dover Public Library and the Dover City Hall which are served by a municipal parking lot located north of those buildings. Further to the north is a separate parking lot associated with the State-owned property which includes the Richardson & Robbins Building housing the DNREC (Delaware Department of Natural Resources and Environmental Control) Offices. Across Innovation Way to the east is Treadway Towers, a multi-tenant office building including a ground floor restaurant space. To the south across Loockerman Plaza are several State-owned office buildings including the Delaware Public Archives, a small brick office building, and the Townsend Hall Building. II. COMPRENSIVE PLAN COMPLIANCE REVIEW In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this property be used for Mixed Use. Regarding Mixed Use Areas and the Land Use Classification of Mixed Use, this is discussed in Chapter 12 – Land Development Plan beginning on page 12-7. 44

Item 6. Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza DAC Report of January 3, 2024 Page 3 The goals and for Mixed Use Areas Land Use are listed in the 2019 Comprehensive Plan excerpts presented below: Goals: Mixed Land Use The overall goals for Mixed Use areas are: 1. Encourage creation of neighborhood centers. 2. Within the close-knit neighborhood fabric there are opportunities for the creation of urban centers. These centers should be established along major roadways and feature mixed use development, pedestrian-friendly public environments and opportunities for connection to future transit. 3. In order to encourage non-automobile access to the center, the activities should be clustered within a one-half mile radius (or 10-minute walk) and be located so as to draw upon residents from a number of surrounding neighborhoods. 4. Develop strategies that will encourage the creation of well-defined public street spaces and pedestrian-friendly village areas that encourage walking and bicycle use. This may include on-street and behind building parking, and the creation of build-to lines for new development. 5. Improve access that limits public access to open spaces areas such as pedestrian, bicycle, and transit networks to parks and natural areas. 6. Encourage the Mixed Use of residential and commercial uses in the Downtown area. The Comprehensive Plan notes that Mixed Use Areas “can be an area where a new development should foster walkability and close interactions among activities and uses in a traditional neighborhood setting.” The following is an excerpt from the 2019 Comprehensive Plan regarding the Mixed Use Area in Downtown Dover (page 12-8): Recommendation for Downtown Dover – Historic Core and Center City: Mixed Use Area: Downtown Dover is the City’s primary Mixed Use area. The historic City center clustered around The Green dates back as early as the 1700s. It expands to also include the traditional City pattern of grid streets which developed during the 19th and early 20th centuries. As a result of its earlier development, Downtown Dover, like many other historic cities, includes a variety of intermingled land uses. The Downtown area, which includes the traditional Loockerman Street business district, is broadly bounded by Wesley College on the north, the railroad tracks on the west, Bayhealth-Kent General Hospital on the south, and Street Jones River on the east. It includes a street level mix of residential, commercial, office, cultural, and institutional uses. Downtown Dover is the traditional and symbolic center of the community and is vitally important to the overall image and identity of the City. As the State’s office complex and other businesses and services make Downtown the largest area of employment in the City, Downtown Dover is vital to the economy. It is important to preserve the area as a safe, convenient, and aesthetically pleasing business environment. Downtown provides a unique and affordable commercial environment where locally owned businesses reflect the small-town nature of the community. Downtown also provides a residential environment with a wide variety of housing types near commercial, cultural, education, and employment resources. The age of the buildings and 45

Item 6. Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza DAC Report of January 3, 2024 Page 4 infrastructure in the Downtown area requires special attention and incentives to assist in continual use and revitalization activities. Downtown lacks the vibrancy of years gone by and its revitalization will hinge on mixed land uses and developing a commercial niche. Removal of blighted conditions, rehabilitation and redevelopment of traditional residential areas, and reestablishment of neighborhood identity will be important components of the City’s strategies and initiatives. The goal of the Land Development Plan is to enhance the role of Downtown Dover as a major employment, residential and commercial center as well as the symbolic and cultural heart of the community. Efforts should strive to recognize its unique heritage and historic resources and to provide for mixed use development allowing greatest variation of uses, Activities to reestablish the economic and social vitality of Downtown neighborhoods are encouraged. The Rezoning Request to C-2 (Central Commercial Zone) is consistent with the Land Use Classification of Mixed Use. Table 12-1: Land Use and Zoning Matrix (from the 2019 Comprehensive Plan) specifies that the following zones are compatible with this land use classification. See the excerpt from Table 12-1 given below. It is noted that Table 12-1 for the Mixed Use Land Use Category identifies a number of zoning districts that allow for a mix of commercial and residential uses with some being more limiting in the specific types of uses permitted. This property location is within the Downtown Redevelopment Target Area as described in the Dover Code of Ordinances. C-2 (Central Commercial) (Downtown Redevelopment Target Area Only) C-2A (Limited Central Commercial) TND (Traditional Neighborhood Design) C-1 (Neighborhood Commercial) C-1A (Limited Commercial) RGO (General Residence and Office) (Downtown Redevelopment Target Area Only) Mixed-Use R-8 (One Family Residence) R-10 (One Family Residence) RG-1 (General Residence) RG-2 (General Residence) RG-4 (General Resident - Multi-Story Apartments) C-3 (Service Commercial) CPO (Commercial and Professional Office) IO (Institutional and Office) III. ZONING REVIEW Request for C-2 (Central Commercial Zone) Zoning The types of permitted uses and conditional uses in the C-2 zone are given Article 3 §13 of the Zoning Ordinance. See the following code excerpt below for the current provisions of the C-2 zone. It is noted that Planning Staff has been directed to develop a series of proposed revisions to the C-2 zoning district that will be offered as a Text Amendment to the Zoning Ordinance for consideration and adoption in the near future. Article 3 Section 13. – Central Commercial Zone (C-2). 13.1 Uses permitted. In a central commercial zone (C-2), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: 46

Item 6. Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza DAC Report of January 3, 2024 Page 5 (a) Retail stores. (b) Restaurants. (c) Hotels, including bed and breakfast inns. (d) Art galleries and studios. (e) Service establishments. (f) Personal service establishments. (g) Business, professional, and government offices. (h) Apartments and multi-family dwellings, provided that no dwelling units shall be permitted in the first floor on the street frontage of Loockerman Street. 13.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1: (a) Parking lots and parking structures as a principal use. (b) Places of public assembly. (c) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing of products where goods so produced or processed are to be sold at retail exclusively on the premises, provided that: (1) An area fully concealed from any street and equal to not more than 20 percent of the area devoted to retail sales shall be so used; (2) Electrical power not to exceed a total of five rated horsepower, and steam pressure not in excess of 60 pounds of pressure per square inch shall be used exclusively; (3) Not more than four employees are engaged in such production or processing. 13.3 Uses prohibited. The following uses are prohibited: (a) Fuel pumps and motor vehicle storage, sales, or repairs. 13.4 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 13.5 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 13.6 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certi ficates of occupancy for any change of use. (Ord. of 1-14-1980; Ord. of 6-24-1985; Ord. of 4-25-1994; Ord. of 12-8-1997; Ord. of 7-10- 2000; Ord. of 2-12-2001; Ord. No. 2008-33, 8-25-2008; Ord. No. 2014-08, 7-14-2014) SWPOZ (Source Water Protection Overlay Zone) The property is located within the SWPOZ (Tier 3: Excellent Recharge Area) found in Article 3 Section 29.7 of the Zoning Ordinance. The SWPOZ does include a prohibition of certain uses where the activity may be harmful to water resources; see Zoning Ordinance, Article 3 §29.51. However, this project site is within the Downtown Redevelopment Target Area which is exempted from the SWPOZ requirements and restrictions as per Zoning Ordinance, Article 3 §29.79. H (Historic District Zone) The H (Historic District Zone) is described in Zoning Ordinance, Article 3 Section 21 with the following purpose statement: 47

Item 6. Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza DAC Report of January 3, 2024 Page 6 Article 3, Section 21. - Historic district (H). 21.1 Purpose. The purpose of this historic district regulation is to preserve and enhance that unique character and value of the old portion of Dover as an area of special charm and interest. It is particularly intended that the regulations prevent, in the historic district, any chang e of conditions that would be deemed to be a disfigurement or degradation of the present unique visual and architectural qualities of the district. The property’s location within the H (Historic District Zone) requires proposals for demolition, new construction, additions, and certain renovation or rehabilitation activities to receive an Architectural Review Certificate. The Architectural Review Certificate review process occurs during the plan review process and permit review process. As stated in the Design Standards and Guidelines for the City of Dover Historic District Zone, an Architectural Review Certificate will be granted “if it is found that the architectural style, general design, height, bulk and setbacks, arrangement location and materials affecting the exterior appearance are generally in harmony with neighboring structures and complementary to the traditional architectural standards of the historic district.” Zoning Ordinance, Article 10 §3.2 outlines the review process for Architectural Review Certification and related building height, bulk, and setback standards. IV. PLANNING COMMISSION REVIEW FOR RECOMMENDATION This Rezoning Application is a request for a zoning map amendment which changes the zoning district of a property. The Planning Commission as part of their public hearing and review process will provide a recommendation on the rezoning request to City Council. As part of the process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the following factors when considering the request: Article 10 § 5.36 Report of the planning commission. Regarding each application for a zoning map amendment, the planning commission shall provide a report to the city council stating a recommended action with regards to the proposed amendment, along with the commission's evaluation of the following factors: (A) Whether the uses permitted by the proposed change would be compatible with the existing uses and zones in the area concerned; (B) Whether adequate public services and infrastructure exist or can be created or expanded to serve the needs of any additional demand as a result of such change; and (C) Whether the proposed change is in accordance with the city's current comprehensive plan. A Recommendation Report from the Planning Commission will be forwarded to the City Council for their consideration of the Rezoning Application. IV. RECOMMENDATION OF THE PLANNING STAFF: This Request is to rezone lands from IO (Institutional and Office Zone) to C-2 (Central Commercial Zone). The property would remain subject to the SWPOZ (Source Water Protection Overlay Zone) and H (Historic District Zone). 48

Item 6. Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza DAC Report of January 3, 2024 Page 7 The current IO zone is a zoning district offering a mix of uses focused on the public, institutional and office related realms. In the IO zone, the permitted uses include business, professional and governmental offices and also banks and laboratories. Also permitted are a variety of public and institutional uses serving the public in the medical, governmental, and educational fields and places of public assembly related to civic, social, and religious functions. The other group of uses in IO focuses specifically on the care of people ranging from child day care and adult day care facilities to facilities/shelters for temporary housing and social services of other populations. The SWPOZ has provisions to protect underground water resources. The H (Historic District Zone) looks to preserve and enhance the historic core of Dover and includes regulatory provisions to retain the area’s character and architectural qualities. The proposed Rezoning to C-2 zone is a zoning district offering a mix of uses. For the C-2 zone, the range of permitted uses that are commercial uses include retail, personal service establishments, service establishments, restaurants, and offices. The C-2 zone also includes permitted uses that are residential in nature including apartments and multi-family dwellings (more than 2 dwelling units in same building). The C-2 zone also includes conditional uses (uses subject to specific review for approval) for parking lots and parking structures as a principal use, places of public assembly and manufacturing with limitations. The C-2 zone specifically prohibits fuel pumps and motor vehicle storage, sales, or repairs. Staff recommends that the rezoning for C-2 (Central Commercial Zone) be granted as requested, as the proposed zoning is consistent with the 2019 Comprehensive Plan (as amended) for the Mixed Use Land Use Classification Category. Staff also recommends that the property remain subject to the SWPOZ (Source Water Protection Overlay Zone) and H (Historic District Zone). It is noted that the Comprehensive Plan’s goals for the Mixed Use Land Use Classification in Dover’s historic core focuses on recognition of its historic development patterns and while noting the opportunities for redevelopment and revitalization with a variety of residential, commercial, office, cultural and institutional uses typically found in Downtown areas. The core of Downtown Dover is where a mix of commercial, institutional, and residential type activities could be expected to serve the community. The neighboring blocks moving west along Loockerman Street include a mix of commercial businesses (offices, restaurants, banks). The areas to the south in the Capital Complex area are institutional with offices, courthouses, museums, and government related facilities. There are also a variety of residential options within the adjacent blocks ranging from single family houses to duplexes and apartments. It is noted that the Loockerman Street/ Loockerman Plaza corridor is one of the main east-west roadways though the core of Downtown Dover. It is only a few blocks from the more intense commercial corridor of DuPont Highway (Route 13). The Downtown area includes a range of transportation modes and opportunities (vehicle, transit, pedestrian, and bicycle) in the grid-like street system and sidewalk network. There is existing infrastructure for water, sanitary sewer, and electric services and the police, fire, and emergency medical services service the area. Planning Staff notes that this area of Downtown Dover was part of a recent strategic master plan known as Transforming Downtown Dover: Capital City 2030. The plan focused on a range of physical and programmatic solutions to provide a fresh integrated approach to transform Down Dover and the surrounding area into a vibrant, thriving community and regional destination. 49

Item 6. Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza DAC Report of January 3, 2024 Page 8 This Rezoning Request does not grant approval of a specific use for the property but makes its land use subject to a listing of uses permitted and potential conditional uses as allowed in the C-2 zoning district (and as limited by the SWPOZ zone). The Design Standards and Guidelines of the Historic District Zone offer a design review process to balance the compatibility of new construction with surviving historic structures. Staff again notes that any potential development for the site would have to be in line with the zoning classifications and would similarly have to follow all development design guidelines of the Zoning Ordinance and other City and State regulations. Were the application for Rezoning to be recommended by the Planning Commission and subsequently approved by the City Council, the applicant would still have to submit plans and/or permits for review for most uses of the site to be established. Any development of the property once zoned C-2 with the SWPOZ and H zones would be subject to the bulk standards and provisions and the review processes for site development. Any non-conformity of the existing buildings’ uses and placement regarding the bulk standards of the C-2 would be subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and Uses or may be addressed through the H (Historic District Zone) zone’s Architectural Review Certification process. This recommendation is being made without that benefit of hearing the comments of surrounding landowners and residents. A public hearing is required on this matter and the Planning Commission should give those comments consideration. V. ADVISORY COMMENTS TO THE APPLICANT: 1) The applicant shall be aware that approval of any Rezoning Application does not represent Site Development Plan or Record Plan approval. Following any decision made by City Council in regard to this Rezoning, then an application for a Site Plan, Subdivision Plan, and/or appropriate Building Permits must be submitted to the Planning Department prior to the establishment of a use, development activity, or any construction activity on the site. The applicant should contact the Planning Staff to determine the appropriate review process for any proposed projects. 2) The property is subject to the requirements of the SWPOZ (Source Water Protection Overlay Zone) and H (Historic District Zone) related to development. 3) The applicant shall be aware that approval of any Rezoning Application does not represent a Building Permit, Sign Permit, or other construction activity permit approval. A separate application submission is required before issuance of permits by the City of Dover. 4) The applicant shall be aware that any future use of the existing structures may be subject to a separate permitting or licensing process through the City of Dover Licensing and Permitting Division. All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses. Certain types of uses also require a Public Occupancy Permit or Rental Dwelling Permits. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Office as soon as possible. 50

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 27, 2023 APPLICATION: Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza FILE #: Z-24-01 REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater CONTACT PHONE #: 302-736-7025 CONTACT EMAIL #: jlyon@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. Our office has no objections to the proposed rezoning of tax parcel ED-05-075.00-01-07.00-000. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works Construction. Impact fees may be applied to this property. Future development shall comply with all aspects of the City of Dover’s Cross Connection Control Program. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None ADVISORY COMMENTS TO THE APPLICANT SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL 1. None I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 51

Item 6. CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DEC 27, 2023 APPLICATION: Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza FILE #: Z-24-01 REVIEWING AGENCY: City of Dover Electric Department CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent CONTACT PHONE #: 302-674-7568 CONTACT EMAIL #: sburgett@dover.de.us T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC Our office has no objection to the rezoning of: ED-05-077.05-04-53.00-000, Council District 4. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and meters will be assessed at that time. 2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook. https://evogov.s3.amazonaws.com/media/27/media/13108.pdf. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE . 52

C F Z-24-01 Item 6. I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 12/27/23 D S O H V A E L R APPLICATION: Lands of City of Dover (Old Post Office) at 55 Loockerman Plaza FILE #: Z-24-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 josika@dover.de.us THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposal is a rezoning application. This office has no objections. 2. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. 53

Item 6. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344) ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. N/A APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2021 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed. 54

Item 6. CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O T =============================================================== APPLICATION: Lands of City of Dover FILE#: Z-24-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Michael Vandevander PHONE#: 302-760-2141 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department. Please contact the Delaware Department of Transportation - Development Coordination section to begin permit process. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The developer will need a pre-submittal meeting to discuss the development with DelDOT. 2. No objection to Rezoning 55

Item 6. CITY OF DOVER Dover/Kent DEVELOPMENT ADVISORY COMMITTEE County Metropolitan APPLICATION REVIEW COMMENTARY Planning D.A.C. MEETING DATE: 1/3/2024 Organization APPLICATION: Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza FILE # Z-24-01 REVIEWING AGENCY: Dover/Kent County MPO CONTACT PERSON: Malcolm Jacob PHONE #: (302) 387-6030 Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be waived. City of Dover Planning Commission Zoning Review Z-24-01 Lands of City of Dover (Old Post Office Site) at 55 Loockerman Plaza 1) The MPO does not have any objections to the proposed rezoning. Further comments will be submitted if site development takes place at a later date. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible. 56

City of Dover Application No.: Z-23-13 Item 6. Department of Planning & Inspections RG-1 IO RG-1 RG- Ave RG- IO SC-1 IO ware RG- 1 t Av Dela Ken 1 v le nia A 1 Map n St sylva RG-1 Fulto N Am Park Dr e RG-1 Penn Ln RG-1 RG- RGO n erica 1 RGO t ate S Hwy R-10 N St e N Br Ave gs R-10 IO R-10 ion S t A K in is Ave rd B ay a adfo E Div Penn R-8 rd St n St ve R-10 ivisio S Am R-10 WD RGO RGO n Rd erica ill ROS nh r ee Ave G RG-2 RGO IO RG- RG-1 1 S Br C-2A R-10 adfo IO ed St rd St E Re St W Reed C-2A v RGO Inno t C-2A an S R-10 ock erm E Lo ation S St t Way ROS C-2 at e S C-2 RG-1 A ly t reet ate S laza Court St S St an P IO St C-2 o c kerm Minor Lo C- C-2 IO d 2 St r Blv rm a n ing J WL oocke RGO IO uth er K tin L t Mar SG rth S IO C-2 E No isla IO Leg ve ors A IO C-2 St overn Ave h N o rt ROS W era tive C-2 Fed l St IO RGO G r een t Av ROS ROS Eas IO C-2A The IO e k Ln IO Ban RGO RGO Rd IO t ter S E Wa Riv ROS er Tile: Lands of City of Dover Legend Ordinance #: 2023-13 Address: 55 Loockerman Plaza Dover Boundary Parcel IDs: ED-05-077.05-04-53.00-000 Subject Property Existing Zoning: IO (Institutional and Office Zone) SWPOZ (Source Water Protection Overlay) Zoning H (Historic District) Dover Parcels Proposed Zoning: C-2 (Central Commercial Zone) SWPOZ (Source Water Protection Overlay) Historic District H (Historic District) « SWPOZ Tier 3 Owner: City of Dover Date: 12/05/2023 57

Item 6. 58

Item 7. By-Laws of the Planning Commission of the City of Dover Objectives Section 1 The objectives and purposes of the Planning Commission of the City of Dover, Delaware, are those set forth in Chapter 7, Title 22 of the Delaware Code annotated, and amendments, supplements, thereto, and those powers and duties delegated to the Planning Commission by the City Council of the City of Dover pursuant to state statute. Powers, Duties and Procedures Section 2 The duties, powers and procedures of the Planning Commission be as set forth in the following documents: (a) The resolution of the City Council establishing such Planning Commission; (b) The Building Zone Ordinance as to matters relating to amendments to site plan approval; (c) The Subdivision Regulations as to the review and approval of subdivision plats; (d) As to the regulations set forth herein for all other matters for which the Commission has the responsibility. Officers Section 3.1 The officers of the Planning Commission shall consist of a Chairman and Vice-Chairman. Section 3.2 The Chairman shall preside at the meetings and hearings of the Planning Commission and shall have the duties usually conferred upon a presiding officer. He shall continue to exercise the prerogatives of an individual member of the Commission while performing the duties of presiding officer. Section 3.3 The Vice Chairman shall be the presiding officer in the absence of the Chairman. Recording and Corresponding Secretary Section 4 The Commission shall appoint a Secretary who shall not be a member of the Commission or an officer, and shall have the following duties and responsibilities: (a) Prepare agenda for all meetings with the Chairman and provide notice of meetings to Commission members. (b) Keep minutes of all meetings, and record of the Commission. (c) Act as agent for the Commission in receiving submissions, applications, correspondence, etc. (d) Act as agent for the Commission in arranging for notice of public hearings and notifying interested parties of Commission actions as authorized by the Commission. Official Records 59

Item 7. Section 5 The City Clerk shall be the official custodian of the records of the Commission and shall make them available to the public as provided by law. He may designate the office of the Secretary of the Commission or the Planning Office as the place where such records shall be kept. Elections of Officers Section 6.1 The officers shall be elected by the Commission at the annual organization meeting which shall be the regular scheduled meeting in July of each year. Election of officers shall be held by secret ballot. Section 6.2 A candidate receiving a majority vote of the entire membership of the Planning Commission shall be declared elected and shall serve for one year or until his or her successor shall take office. Section 6.3 Vacancies in offices shall be filled by the Commission at any scheduled or special meeting. Section 6.4 The Chairman and Vice Chairman shall be limited to four consecutive one-year terms. A former Chairman or Vice Chairman who has held four consecutive terms in such position may be elected to that position after vacating the position for a period of one year. Meetings Section 7.1 The Commission shall hold one public meeting during each calendar month. Section 7.2 The monthly meeting date for the coming year shall be established by a majority of the Commission at its organization meeting of the year. The date of the public meeting can be changed during the year by a majority of the Commission Section 7.3 The Commission will receive all applications concerning matters within its jurisdiction only at its public meetings. All times to be submitted for consideration at any public meeting shall be submitted in complete and final form for Commission consideration not less than thirty days prior to said meeting. No items submitted subsequent to this time shall be placed upon the Agenda except by a majority vote of the Commission members present at such meeting. The official date of receipt of any matter presented to the Commission shall be the date of the first public meeting at which such matter is received for consideration. Any maximum time periods established by the Zoning Ordinance or other local laws limiting the time for consideration of any matter by the Planning Commission shall commence on such date of the receipt. Section 7.4 A majority of the membership of the Commission shall constitute a quorum. The Commission may act on any matter by a majority vote of such quorum. Section 7.5 All formal votes to record the decision of the Commission on any matter referred to it shall be taken only by a quorum at a public meeting. By a majority vote of those members present the Commission may convene in executive session. However, all formal votes to record the Commission’s decision shall only be taken during periods in which such meetings are open to the public. 60

Item 7. Section 7.6 Special meeting may be called by the Chairman or by a majority of the Commission, providing that not less than 24 hours notice by writing or telephone is given to each member of the Commission. Such meetings shall be executive sessions at which no formal votes shall be taken. Section 7.7 All public and special meetings shall be held in City Hall or other public facility with proper public notification. Agenda Section 8 The Secretary shall prepare the proposed Agenda for each public meeting, with the Chairman not less than ten days prior to the date of such meeting, and shall transmit a copy of the Agenda to each Commission member on such date of preparation. No items will appear on such proposed Agenda except those for which applications or written requests have been received not less than thirty days prior to the date of the public monthly meeting as set forth in Section 7 above. The Commission may amend the proposed Agenda by a majority vote of those members present. Section 9.1 The order of business at public meetings shall be as follows: (a) Roll Call. (b) Adoption of Minutes of previous meetings. (c) Approval of Agenda (d) Communications (e) Report of Officers and Committees (f) Old Business (g) New Business (h) Referrals, Administrative Reviews, Petitions, Applications and Other Matters presented by the public. Section 9.2 The order of business at special meetings shall be as determined by the Commission. Section 9.3 At all meetings and hearings attended by the public, the Chairman shall make a brief statement indicating the nature of each item on the Agenda, except that in the case of petitions, applications and other matters presented by the public, such statement shall be made by the person introducing the matter. Section 9.4 Minutes of all public and special meetings of the Commission shall form part of the records of the Commission and shall be available to the public when duly adopted by the Commission. Committees Section 10.1 There may be a Subdivision Committee appointed by the Chairman with the approval of the Commission at the annual organization meeting. It shall consist of three members who shall serve until the next annual meeting. The Chairman may make appointments to bring the committee to full strength in the event of temporary absence of committee members. Section 10.2 Other Committees may be appointed by the Chairman from time to time with the approval of the Commission. 61

Item 7. Public Hearings Section 11.1 The Commission shall hold public hearings as required by statute and applicable ordinances of the City. In addition to those required by law, the Commission may at its discretion hold public hearing when it considers that such hearings will be in the public interest. Amendments Section 12 These By-Laws may be amended at any time by a majority vote of the entire membership of the Commission. Adopted September 15, 1959 Amended November 17, 1975 Amended March 16, 1981 Amended March 19, 1981 Amended June 17, 1991 Amended January 25, 1995 Amended April 26, 1995 Amended August 16, 2010 Amended August 20, 2018 62